BANKRUPTCY AND INSOLVENCY NEWS AND ANALYSIS – WEEK ENDING OCT 16, 2020

Trends and Legislative Developments

3 ingredients form dire bankruptcy prediction for 2021

Out-of-Court

Creditor Combat Acceptable Because ‘We Are Not Brothers,’ Marks Says

Jurisdiction

Ninth Circuit Vacates FERC and Bankruptcy Court Orders, Avoiding Jurisdictional Dispute Over PPAs in Bankruptcy

Case Commencement

Delaware Bankruptcy Court Rules that Bankruptcy Blocking Right in Debtor’s Corporate Charter Violates Federal Public Policy

Reorganization

Ultra Petroleum and the Issue of Impairment Under the Bankruptcy Code — The Fifth Circuit’s Analysis Doesn’t Cut It

Cram-Up Chapter 11 Plans: Reinstatement and Indubitable Equivalence

Do Creditors Vote on Subchapter V Plans? (In re Desert Lake / In re Pearl Resources)

Claims

LLC in Chapter 7 Bankruptcy Not Obligated to Remit State Taxes on Behalf of Out-of-State Members

Avoidance and Recovery

Payment of an antecedent debt cannot be a fraudulent transfer per Civil Code section 3432

Is a transfer of an over-encumbered asset with actual intent to defraud creditors an avoidable transfer?

Creditors’ Committee Denied Standing to Bring Derivative Claims on Behalf of LLC Debtor in Bankruptcy

Claims Traders Alert: Another Bankruptcy Court Rules that a Traded Claim Can Be Disallowed if the Seller Received a Voidable Transfer

Critical-Vendor Status: An Additional Preference Defense?

Cross-Border

Matalan: (Some) Additional Clarity on the Impact of English Schemes and Chapter 15 on CDS

Global bankruptcy financial restructuring and insolvency group releases the Q4 2020 issue of International Restructuring Newswire